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Johannesburg - The justice ministry is out of touch with
problems confronting magistrates in lower courts and is not taking their salary
demands seriously, the Judicial Officers' Association of SA (Joasa) said on
Monday.

As a result, magistrates had reached the point of opting
for strike action.

"[It] is quite embarrassing for us to do this,"
said Joasa president Nazeem Joemath.

"The fact of the matter is nobody listens. The
ministry of justice is out of touch... I'm really stunned by the department's
attitude."

Joemath said the 5.5% salary increase recently approved
by the department had nothing to do with the matter.

The increase was rejected by Joasa and the Association of
Regional Court Magistrates of Southern Africa (Armsa).

"They've [the justice department] been making it in
the media that we are unhappy with 5.5%," said Joemath.

"They are shifting the actual question. It has taken
the magistrate from being the victim to the villain."

Joemath said all Joasa and Armsa were looking for were
the same salaries, benefits and service conditions as other judges within the
confines of the sliding scale.

The point of contention stemmed from recommendations made
to the Independent Commission for the Remuneration of Public Office Bearers
(ICR) in 2008.

This related to salaries for magistrates and judges at
all court levels, including the Constitutional Court.

It was recommended that salaries be adjusted to a 3%
sliding scale.

The Chief Justice's salary was planned to be the anchor
to work downwards from, in line with the imperative of establishing a single
justice system.

However, Joemath said this scale took place only within
the high courts.

Lower court salaries continued to be adjusted
year-on-year, similar to those of other public servants.

Joemath said that in 2008, magistrates earned 47% of what
the chief justice earned. In 2011 the figure had shrunk to 30%.

He said if the recommendations had been implemented in
2008, magistrates would be earning approximately double what they were earning
now.

Both Joasa and Armsa had approached the legislative branch
after the implementation was approved by President Jacob Zuma in 2010.

Introduction of a sliding scale

After the National Council of Provinces had studied the
recommendations, it agreed with Joasa and Armsa that the sliding scale be
introduced across the board in 2008.

"[However] when we went to the justice portfolio
committee to brief them, it doesn't matter how good your argument is as the
decision has been already made," said Joemath.

"When we called for the strike, we thought we were
going to get engagement, which has not taken place. Magistrates are demoralised
and disillusioned."

Arguments in the IRC matter had already been presented in
the Constitutional Court, where judgment was reserved.

Despite Joemath's comments and a planned strike by
magistrates, courts around the country were said to be operating as usual on
Monday.

Justice spokesman Mthunzi Mhaga said the courts were
functioning in all nine provinces with no disruptions.

The Cape Town Magistrate's and Regional Courts seemed to
be functioning as usual, with magistrates listening to cases and postponing
matters.

"No, there have been no disruptions at all. Nobody
is on strike. Everybody's here and it's a normal day," said chief
magistrate for the Cape Town cluster Mzukizi Dimbaza.

No major disruptions

Vick Misser, director of the Johannesburg court cluster,
said there were no major disruptions in the city.

"All magistrates have reported for duty," he
said.

In the Durban Magistrate's Court, chief magistrate
Thamsanqa Mabaso said: "There is a good turnout and we have normal
rolls."

On Sunday, Mhaga said the strike would cause little
disruption, as acting magistrates had been appointed and would deal with cases
which were ready to proceed.

DA justice spokeswoman Debbie Schafer
said the pending outcome in the Constitutional Court was the appropriate course
of action for the issue at hand.

"We believe that once the Concourt judgment has been
given, it will also assist in pointing all parties in the right direction to
resolve this issue as soon as possible," she said.

"The DA hopes that those magistrates on strike will
reconsider their decision in the interests of their profession and members of
the public."

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